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What are US Declarations and Assignments? An inventor declaration confirms the inventor's belief that they are the original (or joint original) inventor of the claimed invention. If an inventor declaration is not submitted by each inventor before payment of the Issue Fee, the application will be abandoned.
Inventorship identifies the creator of an invention whereas ownership recognises the right to possess that invention, namely a proprietary right that prevent others from using their IP. Moreover, the inventor is not necessarily the author.
By law, an inventor named on a patent application or issued patent must contribute to the conception of the idea or subject matter of at least one claim that is filed with a patent application. If there are several claims, an inventor need only contribute to one of those claims to be named.
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
The definition for inventorship can be simply stated: ?The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. ?
Declaration as to inventorship, signed by the applicant where priority has been claimed or where complete specification is filed after a provisional specification; can be filed within one month of filing of application or complete specification.